Full Text of SB2070 97th General Assembly
SB2070sam001 97TH GENERAL ASSEMBLY | Sen. Terry Link Filed: 3/30/2011
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| 1 | | AMENDMENT TO SENATE BILL 2070
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2070 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Public Community College Act is amended by | 5 | | adding Section 3-42.4 as follows: | 6 | | (110 ILCS 805/3-42.4 new)
| 7 | | Sec. 3-42.4. New jobs training. | 8 | | (a) In this Section: | 9 | | "Agreement" means the agreement between an employer and a
| 10 | | board concerning a project. | 11 | | "Certificate" means new jobs training
program certificates | 12 | | issued pursuant to this Section. | 13 | | "Date of commencement of the project" means the date of
the | 14 | | agreement. | 15 | | "Employee" means the person employed in a new job. | 16 | | "Employer" means the person providing new jobs within the |
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| 1 | | boundaries of the community college district and entering into | 2 | | an
agreement. | 3 | | "Industry" means a business engaged in interstate or
| 4 | | intrastate commerce for the purpose of manufacturing, | 5 | | processing, or
assembling products, conducting research and | 6 | | development, or
providing services in interstate commerce, but | 7 | | excludes retail,
health, or professional services. "Industry" | 8 | | does not include a
business that closes or substantially | 9 | | reduces its operation in one
area of this State and relocates | 10 | | substantially the same
operation in another area of this State. | 11 | | This definition does
not prohibit a business from expanding its | 12 | | operations in another area
of this State, provided that | 13 | | existing operations of a similar nature
are not closed or | 14 | | substantially reduced. | 15 | | "New job" means a job in a new or expanding industry, but
| 16 | | does not include jobs of recalled workers or replacement jobs | 17 | | or
other jobs that formerly existed in the industry in this | 18 | | State. | 19 | | "New jobs training program" or "program" means the
project | 20 | | or projects established by a community college district for the
| 21 | | creation of jobs by providing education and training of workers | 22 | | for
new jobs for new or expanding industry within the | 23 | | boundaries of the community college district. | 24 | | "Program costs" means all necessary and incidental costs
of | 25 | | providing program services. | 26 | | "Program services" includes without limitation the
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| 1 | | following: | 2 | | (1) New jobs training. | 3 | | (2) Adult basic education and job-related instruction. | 4 | | (3) Vocational and skill-assessment services and | 5 | | testing. | 6 | | (4) Training facilities, equipment, materials, and | 7 | | supplies. | 8 | | (5) On-the-job training. | 9 | | (6) Administrative expenses for the new jobs training | 10 | | program. | 11 | | (7) Subcontracted services with public or private | 12 | | colleges or universities or other federal, State, or local | 13 | | agencies. | 14 | | (8) Contracted or professional services. | 15 | | (9) The issuance of certificates. | 16 | | "Project" means a training arrangement that is the
subject | 17 | | of an agreement entered into between the board and an employer | 18 | | to provide program services. | 19 | | (b) A board may enter into an agreement to establish a | 20 | | project. If an agreement is entered into, the board and
the | 21 | | employer shall notify the State Board as soon as
possible. An | 22 | | agreement shall provide for program costs, including
deferred | 23 | | costs, that may be paid from one or a combination of the
| 24 | | following sources: | 25 | | (1) Property taxes to be received or derived from
an | 26 | | employer's business property where new jobs are created as |
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| 1 | | a
result of the project. | 2 | | (2) Tuition, student fees, or special charges fixed by | 3 | | the
board to defray program costs in whole or in part. | 4 | | (3) Guarantee of payments to be received under item (1) | 5 | | or (2) of this subsection (b). | 6 | | (c) Payment of program costs must not be deferred for a | 7 | | period
longer than 10 years from the date of commencement of | 8 | | the project. | 9 | | (d) Costs of on-the-job training for employees must not | 10 | | exceed
50% of the annual gross payroll costs for up to one year | 11 | | of
the new jobs. For purposes of this subsection (d), "gross | 12 | | payroll"
means the gross wages, salaries, and benefits for the | 13 | | jobs-in-training in the project. | 14 | | (e) An agreement shall include a provision that fixes the | 15 | | minimum amount of property taxes or tuition and fee payments | 16 | | that shall be paid for program costs. | 17 | | (f) To provide funds for the present payment of the costs | 18 | | of a new jobs training program, the board may borrow money and | 19 | | issue and sell certificates payable from a sufficient portion | 20 | | of the future
receipts of payments authorized by the agreement. | 21 | | The receipts shall
be pledged to the payment of principal of | 22 | | and interest on the
certificates. | 23 | | (g) Certificates may be sold at public sale or at private | 24 | | sale at
par, premium, or discount at the discretion of the | 25 | | board. | 26 | | (h) Certificates may be issued with respect to a single |
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| 1 | | project or
multiple projects and may contain terms or | 2 | | conditions as the board may provide by resolution authorizing | 3 | | the issuance of the
certificates. | 4 | | (i) Certificates issued to refund other certificates may be | 5 | | sold
at public sale or at private sale as provided in this | 6 | | Section, with
the proceeds from the sale to be used for the | 7 | | payment of the
certificates being refunded. The refunding | 8 | | certificates may be
exchanged in payment and discharge of the | 9 | | certificates being
refunded, in installments at different | 10 | | times or an entire issue or
series at one time. Refunding | 11 | | certificates may be sold or exchanged
at any time on, before, | 12 | | or after the maturity of the outstanding
certificates to be | 13 | | refunded, may be issued for the purpose of
refunding a like, | 14 | | greater, or lesser principal amount of certificates,
and may | 15 | | bear a higher, lower, or equivalent rate of interest than the
| 16 | | certificates being renewed or refunded. | 17 | | (j) To further secure the payment of the certificates, the | 18 | | board shall, by resolution, provide for the assessment of an
| 19 | | annual levy of a standby tax upon all taxable property within | 20 | | the
community college district. A copy of the resolution shall | 21 | | be sent to the county clerk of each county in which the | 22 | | community college district is located. The revenues from the | 23 | | standby tax shall be deposited into a special fund and shall be | 24 | | expended only for the payment of principal of and interest on | 25 | | the certificates issued as provided in this Section, when
the | 26 | | receipt of payment for program costs as provided in the |
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| 1 | | agreement
is insufficient. If payments are necessary and made | 2 | | from the special
fund, the amount of the payments shall be | 3 | | promptly repaid into the
special fund from the first available | 4 | | payments received for program
costs as provided in the | 5 | | agreement that are not required for the
payment of principal of | 6 | | or interest on certificates due. No reserves
may be built up in | 7 | | this fund in anticipation of a projected default.
The board | 8 | | shall adjust the annual standby tax levy for
each year to | 9 | | reflect the amount of revenues in the special fund and
the | 10 | | amount of principal and interest that is due in that year. | 11 | | (k) Before certificates are issued, the board shall
publish | 12 | | once a notice of its intention to issue the certificates,
| 13 | | stating the amount, the purpose, and the project or projects | 14 | | for
which the certificates are to be issued. A person may, | 15 | | within
15 days after the publication of the notice, by action | 16 | | in the
circuit court of the county in the area within which the | 17 | | community
college district is located, appeal the decision of | 18 | | the board in
proposing to issue the certificates. The action of | 19 | | the board in determining to issue the certificates is final and
| 20 | | conclusive unless the circuit court finds that the board has | 21 | | exceeded its legal authority. An action shall not be
brought | 22 | | that questions the legality of the certificates, the power
of | 23 | | the board to issue the certificates, the
effectiveness of any | 24 | | proceedings relating to the authorization of the
project, or | 25 | | the authorization and issuance of the certificates from
and | 26 | | after 15 days from the publication of the notice of
intention |
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| 1 | | to issue. | 2 | | (l) The board shall determine if revenues are
sufficient to | 3 | | secure the faithful performance of obligations in the
| 4 | | agreement. ".
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